Bonum Certa Men Certa

FFII: EU 'Trade' Agreement an Attack on Free Software Developers



Summary: FFII identifies an attempt to inject dirty policy laundry using a treaty with Korea

THE Foundation for a Free Information Infrastructure (FFII) has just released a statement which can be summarised as follows.

The Foundation for a Free Information Infrastructure (FFII) perceives the free trade agreement of the EU with Korea as a massive competitive disadvantage to the EU and a danger to software developers, free software projects and small and mid-sized companies.


This seems like quite an urgent matter and the full press release is appended below.




FFII calls to remove IP chapter from EU-Korea free trade agreement



Brussels, 10 January 2010 -- The Foundation for a Free Information Infrastructure (FFII) calls upon the EU Parliament and member states to remove the intellectual property rights chapter from the EU - Korea Free Trade Agreement. According to the FFII analysis, the free trade agreement is a threat to software companies, companies that use software, and free software projects; this undermines innovation, competitiveness and legal certainty.

In October 2009, after more than two years of secret negotiations, the EU and the Republic of Korea initialed their free trade agreement. The agreement awaits ratification by the EU Parliament and member states.

The free trade agreement contains strong measures against patent infringements. It provides injunctions, high damages, seizures, destruction of production materials and removal of online software repositories. A suspicion may be enough for seizures and injunctions. An allegation may be enough to freeze assets.



“A suspicion may be enough for seizures and injunctions. An allegation may be enough to freeze assets.”FFII analyst Ante Wessels comments: "These strong measures may be justified against hard core counterfeiters. They are not justified against software developers. Software patents are so broad in scope, doubtful in validity, and so numerous that unintentional infringement is unavoidable in the normal course of business. Therefore, competitors and patent trolls can always find a stick to hit software companies, companies that use software and free software projects. The whole sector is at risk."

The free trade agreement also contains border measures against patent infringements. Ante Wessels: "With the numerous software patents out there, all software products and all products containing software may infringe patents. An allegation is enough to have them seized at the border. Then they stay seized until a civil court case made clear whether a patent was infringed or not. This gives competitors and patent trolls enormous power - how many small and medium enterprises, and free software projects, have the money to defend against this? It is the contrary of stimulating free trade."

The free trade agreement is based on existing EU legislation. "Exporting EU-style enforcement legislation to foreign trading partners is an (un)official goal of EU policy", professor Annette Kur, Max Planck Institute Munich, remarked in a presentation in December. She added: "If and where legislation is (partly) flawed, export is no recommendable option."

The severe consequences of flawed enforcement legislation were on display in the recent EU seizures of life saving medicine meant for developing countries. After these seizures became known, the Dutch Minister for Developmental Aid, Bert Koenders, said that he wants to change the EU rules on the enforcement of intellectual property rights, and that he would even like to violate these rules.

Ante Wessels comments: "The seizures of life saving medicine and the treatment of software developers as hard core counterfeiters are two consequences of flawed EU legislation. Europe should be well aware that if we export this flawed legislation, the agreement will be binding. We will not be able to repair our own legislation anymore."



Contact



Ante Wessels
+ 31 6 100 99 063
ante@ffii.org
(Dutch/English)

Benjamin Henrion
FFII Brussels
+32-2-414 84 03


+32-484-566109
bhenrion@ffii.org
(French/English)

About the FFII

The FFII is a not-for-profit association active in over fifty countries, dedicated to the development of information goods for the public benefit, based on copyright, free competition, and open standards. More than 1000 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights in data processing.

Recent Techrights' Posts

Many IBM Layoffs, Centred Around Expert Labs US in Atlanta (Offer of "Relocation" Where No Such Option Exists)
So Techrights was assessing comments/gossip online and it was right about the Thursday cull
Richard Stallman's Next Public Talk is in Milan, Italy Next Week
Happy hacking
Why We'll Continue Covering EPO Abuses (Other Patent Offices as Well, as the Need Arises) for Many Years to Come
We're basically becoming Russia
These Feet Are Made for Walking
Humans are apparently so very clever that they decided to form a "progressive" consensus: feet no more
OFTC Has Just Culled About a Third of Its Online Users
It's not the first time they purge or force offline many people/bots
 
We Seem to Have Abandoned Science and Replaced Sound Policy With Private Patent Shareholders and College Dropouts Like Bill Epsteingate
Because of what they did there are now many people out there who reject all vaccines
Links 23/05/2025: Violent Attacks on the Press, VMware Price Hikes, Vista 11 Considered Unsuitable for Any Confidentiality
Links for the day
Gemini Links 23/05/2025: Balkan Tourism, UK Polls, Reticulum and Meshtastic
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 22, 2025
IRC logs for Thursday, May 22, 2025
Back to Basics, Folks, "AI" (Plagiarism) is Symptom of a Dying Industry Looking for Whatever Prey It Can Devour
lousy/sloppy imitations
Liam Proven's Thoughts on "AI" Being a Scam No Different From Religions, Alternative Medicine, and More
"Is there anywhere outside of retrocomputing that doesn't have AI in it?"
Slopwatch: Slopfarms That 'Hallucinate' (Yield Falsehoods) Cited as Credible Sources and Microsoft Media Gaslighting Everybody
Part of the problem is, Google News
More Media Coverage and Photos From Richard Stallman's Presentation in Liberec (Czech Republic)
Here are some photos
The Microsofter Who Kept Sending Threatening Post and E-mail to My Wife Has Been Spooking Women for at Least Two Decades
censorship was the ultimate goal
Links 22/05/2025: Openwashing, Dumping Microsoft's Entrapment (Microsoft GitHub), and New Climate Disasters
Links for the day
Gemini Links 22/05/2025: Crimson Pro Font and CGI in Bash
Links for the day
IBM Goes to India, Fires People in the United States (Under the Guise of "Relocation" or Similar), Accusation of Bribery in the Company
LLM slop sites (some are pure slopfarms) from India say the IBM layoffs result in hiring "AI" (the "I" stands for India)
Links 22/05/2025: TikTok Laying Off Again, Microsoft-Backed Builder.ai Set for Bankruptcy, Scam Altman Uses 'Funny Money' to 'Buy' (Hire) Company
Links for the day
The Evolution of Microsoft's War on GNU/Linux
13 sins
My New Desk Arrangement (and More Breaks From the Keyboard)
all in all yesterday I devoted 4-5 hours to redoing and shuffling stuff
Central Staff Committee of the EPO Opposes Abuses Against EPO Staff, Challenging SuccessFactors Stunts
Europe became institutionally colonised
Gemini Links 22/05/2025: "Conspirituality" and Visiting One's Old University
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 21, 2025
IRC logs for Wednesday, May 21, 2025
Bigots and Lunatics Who Attack Microsoft Critics, Projecting Their Own Bigotry by Accusing Others of Imaginary Things (Which They're Innocent Of)
"In psychology, projection refers to assigning your negative traits or unwanted emotions to others without being aware you’re doing it."
"The Appeals Committee [at the EPO] Unanimously Stated a Formal Flaw in the Consultation of the General Consultative Committee (GCC) on the Reform"
It's a truly horrifying situation
Microsoft Killed the Term "Open Source" (by Bribing/Taking Over OSI, 'Linux' Foundation Etc.) and Now It Needs to Kill the Brand Linux (Because Windows Just Won't Run!)
Why else would Microsoft falsely describe Windows as "Linux" and "Open Source"?
Slopwatch: Liars for Microsoft, Plagiarism, and IBM Red Hat Markets Slop as "AI"
Today was a bad day news-wise
Links 21/05/2025: Climate Problems and Ceasefires No Longer Foreseen
Links for the day
Gemini Links 21/05/2025: "Shrimps of Doom" and "ASCII-graphs"
Links for the day
Links 21/05/2025: GitHub Becoming Slop, MElon as a Drug Addict Considered National Security Risk
Links for the day
Slopwatch: Slopfarms 'Think' Redis is "Linux" (RedisRaider)
Today we'll keep it short and to the point again
IBM Has Allegedly Just Sacked Mr. McKinsey (McK), Clay Cowan, Its Fourth CMO in a Few Years
To insiders he represented the company that's killing IBM or advising IBM on how to self-destruct
Gemini Links 21/05/2025: Trips, 4D Golf, and Writing Software
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 20, 2025
IRC logs for Tuesday, May 20, 2025